Jonathan David Rands's Answers

Is a DUI considered a felony in Washington state

It can be if there are prior DUI convictions within previous years or previously convicted of vehicular homicide or assualt while DUI. Specifically the statute is as follows: RCW46.61.502(6): It is a class C felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if: (a) The person has four or more prior offenses within ten years as defined in RCW 46.61.5055; or (b) the person has ever previously been convicted of vehicular homicide while under the...

3 people marked this answer as helpful

How do I best defend a dui arrest?

If you have been arrested and charged with a DUI, you are facing legal consequences such as the loss of your driver’s license, numerous court appearances, restrictive conditions like an ignition interlock device, and limited personal freedom. Additional collateral consequences include stress, sleep loss, damage to your reputation, an increase in insurance rates, and more. Avoiding the worst possible outcome requires that you engage the services of an experienced and dedicated lawyer with a...

1 lawyer agreed with this answer

Can I sit out my year long ignition interlock requirement and refrain from driving instead of applying to drive?

The statute says that the Judge shall order you to apply for an IIL, but it can be waived under the same statute. If you are on probation for the DUI and subject to random UAs or breath testing that should be sufficient instead of the IIL. If you get a waiver of this then there is no non-compliance issue. If you choose not to apply for an IIL then that will likely trigger a probation hearing for non-compliance and that would be a good time to ask the judge to waiver the requirement for you....

2 people marked this answer as helpful

Can you go deffered on a third DUI?

Yes as long as you are speaking about a Deferred Prosecution and NOT a deferred sentence. Make sure you speak with or consult with an attorney who focuses their practice on DUI due to the unique issues that a deferred prosecution brings with it that many general defense attorney's are unaware of; such as an IID for 2 years rather than 1, or SR22 insurance requirement; and other relatively new procedures that the DoL has put into place with DPs. the good news is that these things may be...

1 lawyer agreed with this answer

Regarding jobs that require driving, do I have to tell employers that I had a deferred prosecution for DWI/DUI?

This is a little tricky as you can see from the other answers. I don't disagree with them, but i offer a slightly different approach. A Deferred Prosecution (DP) ends with a dismissal of charges, but when you enter the program you admit that you are guilty of the underlying crime of DUI but rather than have a conviction on your record you are choosing to enter a treatment program. You have in fact, been arrested and been on a form of probation for 5 years, but never been convicted of the...

1 person marked this answer as helpful

Police clearance certificate

In the age of electronic record keeping with the courts, it should be expected that the charge will be found. What is important is how it was resolved. If it was a DUI conviction then I suspect the answer to your DUI question is yes. If it was a Deferred Prosecution then it will show and if sucessfully completed it will show dismissed. If the DP is in progress then it will show as open and for purposes of entry to Canada a DP will NOT bar entry as it is NOT considered a conviction by...

1 person marked this answer as helpful

After being found not guilty in dist. court, can i appeal the dol hearing against me.

Sounds like you either had a DoL hearing and lost, or did not request a DoL hearing and lost your license just the same. The short answer is "No." From the date a DoL hearing examiner's ruling is issued you have 30 days to launch an appeal of the ruling. If you are beyond the that deadline you have missed the opportunity to appeal and the suspension stands. Also, even if you had filed a timely appeal, the fact you won the trial may not have changed the outcome of DoL due to the fact that a...

Got pulled over for speeding, and ended up getting a DUI. No ticket?

As pointed out by my colleagues: the answer is no, unfortunately.

Can a cop make you sign anything during a DUI arrest?

There is no obligation for an arrested person to sign anything at all. In fact, signing nothing is a good course of action. Some documents simply prove that you were given certain warnings, or certain documents, while other signature lines in a DUI processing, however, is an indication that you understand your legal rights and freely give them up. Sometimes these these documents are all presented to you in quick succession and at the end of the processing procedure with an "x" marking the...

Deferred prosecution

The answer is yes you can BUT first you have to be deemed an appropriate candidate for the Deferred Prosecution Program. The first step there is to have an alcohol evaluation by a state certified agency and they must deem the person alcohol dependent and amenable to treatment. Assuming that is the case then the reset is really just paperwork where you acknowledge the dangers and benefits associated with the program in terms of successful treatment versus unsuccessful treatment as well as...